Md. Sadir Alam v. The State Election Commission And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.22604 of 2012 ====================================================== Md. Sadir Alam Son of Md. Samiruddin Resident of East To T.P. College, Madhepura, Ward No. 5, P.O. And P.S. Madhepura, District- Madhepura ... ... Petitioner/s

Versus

1.

The State Election Commission (Municipality), 3rd Floor, Sone Bhawan, Bir Chand Patel Path, Patna Through The State Election Commissioner 2.

The State Election Commissioner, The State Election Commission Municipality, 3rd Floor, Sone Bhawan, Bir Chand Patel Path, Patna 3.

The Joint Election Commissioner, 3rd Floor, Sone Bhawan, Bir Chand Patel Path, Patna 4.

The Nagar Parishad Madhepura, Through The Executive Officer, P.O., P.S. And District- Madhepura 5.

Manisha Kumari Wife of Sri Manoj Kumar Resident of Ward No. 9, Azad Nagar, P.O. and P.S. Madhepura, District- Madhepura ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Vikash Kumar Singh, Advocate.

For the Respondent/s :

Mr. Girish Pandey, Advocate.

====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 28-06-2024 Heard the parties.

2. Learned counsel appearing on behalf of the petitioner seeks to withdraw the present writ petition considering the fact that on the basis of discrepancy pointed out by the State Election Commission, the District Magistrate, Madhepura has held that the appointment of the petitioner to be not in accordance with law. In spite of the above fact, the authorities themselves had continued the service of the petitioner though contract was only for 11 months. The petitioner is aggrieved for having not been paid for the period

Patna High Court CWJC No.22604 of 2012(3) dt.28-06-2024 2/2 from 06.06.2009 to June 2011 and in this regard, the petitioner seeks to file a detailed representation before the authority concerned.

3. That being the case and desire of the petitioner that he will represent before the concerned authority to consider his grievance, I find that the Executive Officer, Nagar Parishad, Madhepura, must consider the case of the petitioner, if he finds that the petitioner who was earlier engaged on contract basis was engaged can be continued in spite of the adverse order passed by the District Magistrate, as and when, it is desired by the Nagar Parishad, Madhepura.

4. It is made clear that interim orders, if any, shall stand vacated automatically.

5. The writ petition stands disposed of.

(Purnendu Singh, J) mantreshwar/- U